RES 12502 - Laserfiche WebLink

mutual written agreement of all parties. 8.6 Excusable Delay: A delay in the performance by any party of any obligation under this Grant shall not be deemed to be a breach of this Grant by such party where such delay is due to strikes, lockouts, labor disputes, acts of God, terrorism, inability to obtain labor or materials, governmental regulations or controls (provided such regulations or controls are not enacted or imposed by the party claiming a right to delay), fire or casualty, acts or omissions by another party or its agents, or other causes beyond the reasonable control of such party("excusable delay"). An extension of time for such performance, attributable to any such excusable delay, shall be granted for the period of such excusable delay and shall commence to run from the time of commencement thereof, if notice by the party claiming such extension is provided to the other parties within ten (10) days after the commencement of the excusable delay. 8.7 Waiver: No waiver of any provision of this Grant shall be binding unless executed in writing by the party making the waiver. No waiver of any provision of this Grant shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the written waiver so specifies. 8.8 Severability: If any term or provision of this Grant is ever determined to be invalid or unenforceable for any reason, such term or provision shall be severed from this Grant without affecting the validity or enforceability of the remainder of this Grant. 8.9 Time: Time is of the essence of this Grant. All references in this Grant to "days" shall mean calendar days unless expressly referred to as "business days." If the day for performance of any obligation under this Grant is a Saturday, Sunday or legal holiday, then the time for performance of that obligation shall be extended to the first following day that is not a Saturday, Sunday or legal holiday (excepting emergency situations). 8.10 Counterparts; Facsimile Signatures: This Grant may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The parties shall be entitled to rely upon facsimile copies of signatures to this Grant and to any instruments executed by the parties pursuant to this Grant. 8.11 Estoppel Certificates: Upon the request of any party from time to time, the other parties shall each provide to the requesting party an estoppel certificate containing: (i) a certification that (a) this Grant has not been modified or, if modified, specifying the nature of such modification; (b) no party is in default under this Grant or, if any party is in default under this Grant, specifying the nature of such default; and (c) this Grant, as modified, is in MI force and effect; and (ii) any other information reasonably requested by the requesting party. 8.12 No Joint Venture: This Grant shall not be deemed under any circumstances to create any joint venture or partnership between the parties or to render the 6